This blogger filed a request for public records, pursuant to the Public Information Act, with Baltimore County on May 6seeking information on the county’s $21 million investment and subsequent loss into Mainsail LLC.
The county failed to respond in the required 30 days, a violation of the law. Why would they do that over a very serious matter such as this? What are they hiding?
In case you haven’t noticed, the story broke with no outcry over the issues leading to this large loss of money—money that the county had a fiduciary responsibility to protect and account for.
I instructed my attorney Michael Stelmack to file suit (see attached PDF) in Baltimore County Circuit Court, which he did, to require the county to produce records of the transaction.
Here is a copy of the Public Information Request :
“Mr. Fred Homan, County Administrative Officer
Records Request Officer:
Pursuant to the Public Maryland Records Act, State Government Article §§ 10-611 to 628, I request access to the following information as related to Baltimore County’s $21 million investment into Mainsail LLC.
The following information may be scanned an e-mailed.
I am willing to pay reasonable duplication fees up to $50.00. If there are additional fees, please contact me.
If my request is denied in whole or part, I ask that you justify all deletions by reference to specific exemption of the act in writing.
I am a community blogger and this material will be used for a blog.
Thank you for your time in this matter and I await you anticipated prompt reply.
- The name of the licensed broker and full disclosure of any relationship with that broker to any member of county government.
- A copy of the signed contract regarding the investment including the total amount and copies of canceled checks pertaining to the investment and checks related to any broker fees.
- All related letters, correspondence, memos, related to the business transaction.
- Disclosure of any campaign donations by anyone related to this business transaction.
- Copies of any correspondence related to the county council members and the county executive pertaining to this transaction.
- Copies of any correspondence to the county office of law.
- Copies of any correspondence which initiated the original concept related to this transaction.
- Copies of related council documentation concerning this transaction.
- Copies of any correspondences of said investment pertaining to the review by the appropriate county agency.
- A clean copy of Baltimore County Resolution 44-95.
- A copy of the correspondence indicating the county would not pursue legal action in this matter.
Sincerely,
Buzz Beeler”
Regarding this filing, the county is required by law to respond in a timely fashion within a maximum of 30 days. If they fail to respond they are required to notify you in writing as to why. This is the second time the county has failed to respond within the required 30 days to a Public Information Act request filed by this blogger. The previous violation dealt with the PUD process and the Yorkway LLC development. I had to call and remind them of the law before I received the information.
Where is Baltimore County’s Scott Schellenberger, or the State Attorney General Doug Gansler, or anyone with authority to scrutinize these deals? We’re not talking pocket change here; $21 million is a lot of money that ain’t theirs. Come to think of it where is the council on this issue? Get the picture. The county is not made of Teflon.
Where is the outrage when the county announced they were going to file the civil suit that suddenly went kuputski. All talk and no action.
The Public Information Act suit was filed in Baltimore County Circuit Court on Thursday, June 7. It is now a matter of public record.
Somebody has to find the answers to these questions. If not, the administration becomes more emboldened in the arrogance of power.
As taxpayers and citizens we have a right to know how this evaporation of $21 million of our money disappeared in so short of a period. If the council won’t act, and those with the power to investigate choose not to, I will act on their behalf.
A quote from a Bryan P. Sears article prompted me to file this suit regarding their refusal to answer the Public Information Act request. This quote was troubling: “County officials met April 13 in secret with members of the council to discuss a possible lawsuit against Merrill Lynch related to the bad investment in a fund known as Mainsail II LLC, which was backed by subprime mortgages.”
The law suit was never filed.
Why not? That is one of many questions I have.
Arbutus Town Crier
6:30 pm on Tuesday, June 12, 2012
Maybe following the tactics of Attorney General Eric Himpton Holder, Jr.
Buzz Beeler
8:01 pm on Tuesday, June 12, 2012
I can't understand why no one in the county is demanding answers. The bare bones budget is as issue and so is $21 million. Those deals aren't just hatched.
I should note that I did get an e-mail from the county that I can't discuss because of the warning label attached which read - CONFIDENTIAL! I thought maybe it was the fat content inside. Besides it was a little late since the story was already in the system and besides - I ain't got the information!
As they say the case must go on.
For the record I don't blame the person that sent me the e-mail, I think he's a straight shooter. It's my good buddy, - The Officer of Fred - wherein I think the issue lies or lays. Either way.
Steve
10:30 pm on Tuesday, June 12, 2012
Can somebody please decode this Gibberish post?
Steve
10:35 pm on Tuesday, June 12, 2012
Go Sick 'em Buzz....... with an estate attorney.
http://www.stelmacklaw.com/
Buzz Beeler
11:12 pm on Tuesday, June 12, 2012
Steve just for the record, Baltimore Magazine had Mike listed as one of the most up and coming attorneys in the area.
You thought you were being cute but instead you just gave him a nice boost. Don't you ever think about what you write before you actually do it.
You need to graduate past he 8th grade to comprehend a piece written for the reading level of a 5th grader.
ArcAngel
10:55 pm on Tuesday, June 12, 2012
Once again the Buzzard is caught up in his own world of self importance. Too bad all his energy is spent on slander and inuendo. Facts and reality continue elude him and again he chases his own tail. Stupid dog. The hot dog eaters' past is catching up ....... fast.
Buzz Beeler
11:07 pm on Tuesday, June 12, 2012
Hey ArcAngel, you souldn't tell a lie. Someone will clip your wings. What slander? The facts are what I do best. Read the press accountants.
I'll catch up as soon as I see the documents and who was behind this $21 million loss of our money. Too people like you that seems to be no big deal.
A stupid dog is one who believes that he or she is an angel that can spread their wings and flop, I mean flys, or fly. This old Buzzard is flying pretty high.
If the past is catching up why would the county contact me with an oops!
K Blue
11:30 pm on Tuesday, June 12, 2012
The issues are pretty cut and dry. Did Mr. Beeler make a proper request? Was that request received? Are there any documents that he requested? If so, why weren't they produced within the time period set out by law? If they are not releaseable, did they tell him why they would not disclose them and subject them to review and copying? It doesn't really make a difference who made the request or why. Every request deserves a response that complies with the law. This is why the law exists.
Buzz Beeler
7:12 am on Wednesday, June 13, 2012
K Blue, great response. I got an oops e-mail from the county but rather late regarding the subject. So yes they received it. This is the second time they have done this to me. I know of others they play the same game with. They hope you will just go away.
The troubling aspect to this whole matter is why isn't anyone scrutinizing this deal. We not talking Monopoly money here.
Where is the County SA Scott Schellenberger? I guess you can't bite the hand that feeds you.
K Blue
10:25 am on Wednesday, June 13, 2012
I am not sure that this is something that the local State's Attorney would investigate, so I wouldnt be so harsh on Mr. Shellenberger of whom I have a high opinion. The State Prosecutor's Office would perhaps be the better organization to undertake such an investigation if the information is not forthcoming. I am also unsure whether the local State's Attorney's office has the resources to investigate things of this sort, but one thing I am sure of is that Mr. Shellenberger would not back away for the reasons you allude to. But, getting back to your request, you are entitled to a timely response in accordance with the law. You appear to have requested a substantial amount of information and if the substance of your request (and not lack of notice) was causing the delay on their part, they should have notified you. It is all laid out in the law. If they wont give it to you because it is exempt from disclosure, or because they need additional time to locate the information, or if no documents exist, those reasons need to be explained to you in writing. I dont know what transpired here (other than the County lost $21 million and no one seems to have known about it outside the inner circles until recently), but it appears to be a very touchy subject. However, that doesnt excuse noncompliance nor does it necessarily mean that something sinister happened.
Buzz Beeler
9:21 am on Wednesday, June 13, 2012
Interesting article on the pension scandal:
http://articles.baltimoresun.com/2012-04-25/news/bs-md-co-merrill-lynch-20120424_1_investment-policy-county-council-commercial-paper
I love this quote: "Kamenetz's chief of staff, Don Mohler, said Tuesday he could not comment in detail on the matter because of possible litigation. The county executive discussed the issue briefly during a weekend interview with WBAL-TV."
Well Don since there is no pending litigation I guess it's the season for some grilling.
Ron Burgundy
9:29 pm on Wednesday, June 13, 2012
There are fair questions that have been asked and deserve an answer, no doubt. Only to ensure procedures and policies are in place to minimize any potential future losses, but we all know there's risk involved. However, the questioner always believes there's a conspiracy lurking around every corner. Unfortunately the questions are diminished by the "wolf calling" that constantly takes place by the king of the haters.To think Baltimore County is going to get any of the $21 million back is dreaming. That money was and is lost,unfortunately, Baltimore County was not alone in bad business deals.If the wolfman stopped crying about conspiracies answers may have been forthcoming.
Arbutus Town Crier
9:37 pm on Wednesday, June 13, 2012
Where have i heard that before? oh it was my first post
Buzz Beeler
8:24 am on Thursday, June 14, 2012
Thanks ATC. Ron, I won't have to theory until I see the documents and have the proper and qualified people review them.
Let's talk about some recent issues. Fort Howard, Yorkway, pension issues, entitlements SS services.
I now they are not going to get the money back. I just want to know who was behind the deal and who may have benefited.
Look Ron I understand you may be in damage control and I don't have a problem with that, but I was in the county for 39 years back in the Anderson days, remember.
Days when names like Gary, Sam, Dale and Agnew were bantered about.
You don't take risk with taxpayer or pensioners money, at least not in 08 related to sub prime mortgage issues.